Gumbaz v. City of New York Department of Finance Parking Violations Operations
Court: Appellate Division of the Supreme Court of the State of New York; June 12, 2014; New York; State Appellate Court
The determination dated August 29, 2012, concluded that the petitioner violated New York City Traffic Rules (34 RCNY 4-08 (c. 3). However, the petition brought under CPLR article 78 was unanimously annulled by the court, which ordered the respondent to refund the petitioner $115 in fines and $185 in towing fees. During the hearing regarding the summons for parking in a bus stop, the petitioner presented high-quality photographs and provided sworn testimony that demonstrated he was parked approximately half a block away from the bus stop, effectively rebutting the prima facie case established by the summons. The respondent did not present any witnesses or additional evidence to counter the petitioner’s claims, referencing precedents such as Matter of Gruen v Parking Violations Bur. of City of N.Y. and Matter of Rosen v New York City to support the decision. The ruling was concurred by Justices Acosta, DeGrasse, Richter, Manzanet-Daniels, and Feinman.